Pennsylvania Man Sentenced to One Year in Prison for Selling 12 Gauge Pistol Made from Modified Flare Gun

Also illegally sold practice grenade fuses

ALEXANDRIA, Va. – Eric Mark Way, 29, of Aliquippa, Pennsylvania, was sentenced today to 12 months and one day in prison, followed by two years of supervised release, for transferring an illegally modified flare gun.

Way pleaded guilty on January 20, 2015.  According to court documents, Way sold multiple modified flare gun kits.  These kits consisted of a flare gun, an insert that converted the legal signaling device into an illegal 12 gauge device, and a canvass carrying pouch.  One of the individuals who purchased this modified weapon from Way was a violent, convicted felon.

In addition to selling the modified flare guns, Way also was caught illegally selling M228 practice grenade fuses.  In order to sell these fuses, both the seller and purchaser must possess a federal explosives license.  Way does not have a federal explosives license.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Charles E. Smith, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Claude M. Hilton.

This case was investigated by the ATF Falls Church Field Office.  Assistant U.S. Attorney Zachary Terwilliger and Special Assistant U.S. Attorney Caroline Friedman are prosecuting the case.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-08.